IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2017 CORAM :
The Hon'ble MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.4862 of 2017 and W.M.P.No.5072 of 2017 T.Nagar Kizhakku Pakkam Usman Road Street Vendors Association, rep. by its President Mr.A.Sulthan Alaudheen .. Petitioner -vs-
1. The Secretary, Municipal Administration, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai – 600 009.
2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003.
3. The Zonal Executive Engineer, Corporation of Chennai, New Zone X, Kodambakkam, Chennai – 600 024.
4. The Commissioner of Police, Chennai City, Vepery, Chennai – 600 007.
5. The Inspector of Police (Law & Order), R1, Mambalam Police Station, T.Nagar, Chennai – 600 017.
6. The Inspector of Police (Traffic), Pondy Bazaar Police Station, T.Nagar, Chennai-600 017. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing respondent Nos.2 and 3 to issue street vending licence to the 27 street vendors of the Association, and forbear the respondents, their officers, subordinates, employees, agents or any other person acting under them from any manner interfering with the fundamental rights of the street vendors in the aforesaid locality.
For Petitioner : Mr.E.Dharmaraj For Respondents : Mr.M.K.Subramanian Govt. Pleader for R1, R4 to R6 Mr.R.Arunmozhi for R2 and R3 ORDER (Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for respondent Nos.1, 4 to 6 and Mr.R.Arunmozhi, learned counsel takes notice for respondent Nos.2 and 3.
2. The petitioner/Association has filed this writ petition seeking issuance of writ of mandamus directing respondent Nos.2 and 3 to issue street vending license to the 27 street vendors of the Association, and forbear the respondents, their officers, subordinates, employees, agents or any other person acting under them from any manner interfering with the fundamental rights of the street vendors in the aforesaid locality.
3. On hearing the learned counsel for the parties, suffice it to direct the Vending Committee constituted vide G.O. (4D) No.5, Municipal Administration and Water Supply (MCI) Department, dated 05.10.2016, to consider the applications made by the members of the petitioner/association on 30.12.2016 and pass appropriate orders in accordance with law within three months from the date of receipt of a copy of this order and till such time, no coercive action shall be taken against the members who submitted such applications. All the grounds urged in this petition can be raised before the Committee.
The petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
Index : No Internet : Yes (sasi) (H.G.R., ACJ.) (R.M.D., J.) 27.02.2017 To
1. The Secretary, Municipal Administration, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai – 600 009.
2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai – 600 003.
3. The Zonal Executive Engineer, Corporation of Chennai, New Zone X, Kodambakkam, Chennai – 600 024.
4. The Commissioner of Police, Chennai City, Vepery, Chennai – 600 007.
5. The Inspector of Police (Law & Order), R1, Mambalam Police Station, T.Nagar, Chennai – 600 017.
6. The Inspector of Police (Traffic), Pondy Bazaar Police Station, T.Nagar, Chennai-600 017.
The Hon'ble Acting Chief Justice and R.Mahadevan, J.
(sasi) W.P.No.4862 of 2017 27.02.2017 http://www.judis.nic.in